Supreme Court Takes a Stand on SC/ST Reservation: What You Need to Know
Supreme Court Issues Notice on Reservation for SCs and STs
New Delhi: On Monday, the Supreme Court directed the Centre and all state governments to respond to a public interest litigation (PIL) that advocates for the enforcement of the 'creamy layer' principle in the reservation system for Scheduled Castes (SCs) and Scheduled Tribes (STs).
A bench led by Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi requested feedback from the Union government and state authorities regarding the writ petition submitted by advocate Ashwini Kumar Upadhyay under Article 32 of the Constitution.
Upadhyay argued that if a member of an SC/ST family has secured a senior government position or a constitutional role, their children should not benefit from reservation privileges.
He emphasized that allowing reservations for socially and economically advanced families within SC/ST groups undermines the purpose of affirmative action.
The petition asserts that reservations were initially intended as a temporary measure to assist those facing deep-rooted social, educational, and economic disadvantages. However, it claims that an elite class has emerged within SC/ST communities, achieving social mobility and economic stability.
Despite their progress, these individuals continue to monopolize reservation benefits, thereby marginalizing the most vulnerable members of their communities.
The petition referenced the Constituent Assembly Debates, arguing that reservations were never meant to be a hereditary entitlement. It cited Dr. B.R. Ambedkar and other framers' views, asserting that affirmative action should be dynamic and subject to regular review.
Furthermore, the petition highlighted that failing to exclude the creamy layer has serious national, social, and economic repercussions, including the elite capturing benefits, compromising administrative efficiency, and violating constitutional principles of equality, justice, and fraternity.
It also pointed to the Constitution Bench ruling in State of Punjab vs. Davinder Singh, which acknowledged that Scheduled Castes are not a uniform group and that reservation benefits should reach the 'weakest of the weak.'
In a significant ruling on August 1, 2024, a 7-judge Constitution Bench, led by then Chief Justice D.Y. Chandrachud, recommended applying the 'creamy layer' principle to SCs and STs for quota benefits, noting that while sub-classification is permissible, the government cannot reserve all seats for a specific sub-class to the exclusion of others.
Justice B.R. Gavai questioned, 'If the 9-Judge Bench in Indra Sawhney determined that applying such a test for Other Backward Classes promotes equality as per the Constitution, why shouldn't it apply to Scheduled Castes and Scheduled Tribes?'
'Can we equate the child of an IAS/IPS officer with that of a disadvantaged SC member studying in a village school?' Justice Gavai remarked.
His perspective was echoed by Justices Vikram Nath, Pankaj Mithal, and Satish Chandra Sharma, who emphasized the need for the government to develop a policy to identify the creamy layer within SCs and STs to exclude them from affirmative action benefits. However, shortly after this ruling, the Union Cabinet, led by Prime Minister Narendra Modi, discussed the judgment and asserted that the Constitution does not recognize a creamy layer within SC and ST reservations.
Union Information and Broadcasting Minister Ashwini Vaishnaw stated that the NDA government remains committed to constitutional provisions, asserting that 'according to the Constitution established by B.R. Ambedkar, there is no provision for a creamy layer in SC-ST reservations.'